Byron Chiu    趙博安大律師

Call:2017 (HK)
ACIArb:2015

Profile

Byron joined Chambers after completing his pupillage with Mr Bernard Man SC, Mr Derek Chan SC, Mr Laurence Li and Mr Keith Lam.

Byron is developing a broad civil practice and has experience in matters spanning a wide spectrum of practice areas (see section below). In particular, he has worked on a variety of securities-related and regulatory matters (including advising and/or acting both for and against regulators). He has appeared as an advocate (either in his own right or as a led junior) in the Court of Appeal, the Court of First Instance, the Competition Tribunal, the Securities and Futures Appeals Tribunal and the District Court.

Byron completed his Juris Doctor degree at the University of Hong Kong as the top graduate. He subsequently obtained his Bachelor of Civil Law degree at the University of Oxford. An active moot court participant, Byron won two international mooting competitions with the University of Hong Kong team, namely the Herbert Smith Freehills Competition Law Moot in 2016, in which his team also won the award for Best Written Memoranda, and the Oxford International Intellectual Property Moot in 2014, in which he was awarded the Sir Nicholas Pumfrey Award for Best Individual Mooter.

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Selected Cases

Company

  • Re The Bank of East Asia Ltd [2018] 4 HKLRD 396, appeared for the bank in a 3-day hearing of discovery summonses in unfair prejudice petition alleging share placements passed for improper purposes (led by Charles Hollander QC)

  • Yeung Bing Kwong Kenneth and Anor v Yeung Chi Shing Estates Ltd and Ors, HCA 1564/2017, acting for two defendants in shareholder and boardroom disputes involving allegations of breaches of shareholders’ agreement (led by Victor Dawes SC)

  • Appeared on behalf of petitioners, company, supporting and opposing creditors in short hearings in the Companies Court as sole advocate in respect of petitions to wind-up companies (e.g. Re Blockchain Group Co Ltd [2018] HKCFI 2590 (successfully wound up publicly listed company); Re General Nice Development Ltd, HCCW 418/2016) and petitions for relief for unfair prejudice (e.g. Re HK Metal Trading Ltd, HCCW 380/2017; Re T-Hero Industrial Co Ltd, HCCW 403/2017)

  • Advised founder of a TSE-listed company on the operation of and withdrawal from a Hong Kong corporate bank account in the midst of shareholder and boardroom disputes (led by Rimsky Yuen SC)

  • Advised company limited by guarantee on the construction of its Articles of Association and whether they contravene, inter alia, discrimination law in Hong Kong (led by Ashley Burns SC)

  • Securities & Regulation

  • UBS AG and UBS Securities Hong Kong Ltd v SFC, SFAT 2/2018, acted for UBS; application for review of SFC’s disciplinary decision relating to UBS’s role as a joint sponsor in an IPO; instructed to appear in the 19-day substantive hearing (settled) (led by Benjamin Yu SC and with Laurence Li)

  • SFC v Andrew Liu & Ors, HCMP 2653/2016, acting for former director of listed company; ongoing proceedings under s. 214 of the SFO, Cap. 571 (led by Benjamin Yu SC and Laurence Li)

  • Advised listed company in respect of regulatory investigation in relation to voting control, shareholding structure and disclosure obligations (led by Gerard McCoy SC and Victor Dawes SC)

  • Advised company on potential initial coin offering (ICO); whether it falls within the ambit of “securities”, “regulated investment agreement”, “structured product”, “collective investment scheme” or other regulated offerings under the SFO, Cap. 571 (with Laurence Li)

  • Advised licenced person on the scope of SFC’s disciplinary powers under ss. 194, 196 and 201, and the SFAT’s jurisdiction and power, under the SFO, Cap. 571 (with Laurence Li and Elizabeth Cheung)

  • Attended, as legal representative, interview conducted by the SFC pursuant to s.183 of the SFO, Cap. 571 (with Laurence Li)

  • Banking / Finance

  • Shine Grace Investment Ltd & Ors v Citibank NA & Anor [2018] HKCFI 1737, appeared for investor and guarantors in 13-day trial; HK$ 478 million claim for mis-selling of equity accumulators (led by Paul Shieh SC and with Jin Pao (now Jin Pao SC))

  • Hang Seng Bank Ltd v Interpro Manufacturing Ltd & Ors, HCA 878/2016, acting for third party; allegations of, inter alia, lack of authority in making investment decisions and entering into currency swap derivative contracts on behalf of the company (led by Bernard Man SC)

  • Appeared before the Appeal Committee of the Professional Insurance Brokers Association in an appeal concerning producing intermediaries and placing brokers (with Jin Pao (now Jin Pao SC))

  • Advised bank on claims of negligence and vicarious liability in connection with bank employee's fraudulent conduct (with Laurence Li)

  • Advised founder of a TSE-listed company on the operation of and withdrawal from a Hong Kong corporate bank account in the midst of shareholder and boardroom disputes (led by Rimsky Yuen SC)

  • Competition

  • Competition Commission v W Hing Construction Company Ltd & Ors, CTEA 2/2017, acting for the Competition Commission in a four-week trial in the first (and successful) enforcement action on market sharing and price fixing: see [2019] HKCT 3 (led by Daniel Beard QC and Abraham Chan SC); see also [2018] HKCT 5 and [2018] HKCT 6 (led by Abraham Chan SC); see also [2018] HKCT 2 (sole advocate)

  • Commercial

  • Shenzhen Futaihong Precision Industry Co Ltd & Ors v BYD Co. Ltd & Ors, HCA 2114/2007, acting for plaintiffs by original action and defendants by counterclaim involving, inter alia, breach of confidence; [2018] HKCA 408 (led by Wong Yan Lung SC and with Law Man-Chung)

  • Hong Kong Zhixin Financial News Agency Ltd v China Maple Leaf Educational Systems Ltd, HCA 2973/2016, acting for plaintiff; seeking specific performance of issuance and allotment of option shares in listed company; defending against allegations of insider dealing and misrepresentation (with Laurence Li)

  • Deltatre SPA v LeTV Sports Culture Develop (HongKong) Co Ltd [2018] 4 HKLRD 478, acted for LeTV; resisted summary judgment and stay of proceedings granted; whether stay of proceedings on the basis of exclusive jurisdiction clause should be refused simply because there is no credible defence (sole advocate)

  • Lam & Lai Solicitors v Ho Chun Yan Albert [2018] 2 HKLRD 127, appeared for plaintiff in successful appeal against taxation of costs (led by Bernard Man SC); see also [2018] HKCA 199 (led by Bernard Man SC; [2018] 5 HKLRD 323 (sole advocate); HCMP 555/2015, 27.07.17 (sole advocate)

  • Pakon Industrial Ltd v Donny International Ltd, HCA 491/2017, appeared for plaintiff in obtaining summary judgment for vacant possession of premises and mesne profits for wrongful occupation (led by Bernard Man SC); [2019] HKCFI 654, assessment of damages involving expert valuation (sole advocate)

  • Kristen Lee v Santa Fe Transportation International Ltd, DCCJ 1904/2016, appeared for plaintiff in appeal from Master's decision to Judge in Chambers in respect of compliance with unless order and application for relief from sanction (sole advocate)

  • Advised listed company directors on merits and strength of their defence in a claim involving allegations of misrepresentation, deceit and conspiracy to induce sale of shares (led by Bernard Man SC)

  • Advised airline company in respect of obligations and liabilities under a contract for the supply of avionics and aircraft equipment

  • Injunction / Contempt

  • Seridom Servicios Integrados IDOM SAU v Heng Wen Trade Co Ltd & Ors [2019] HKCFI 85, appeared for two indirect recipients of funds involving alleged fraud; Mareva and proprietary injunctions; RMB currency exchange arrangements; unjust enrichment; constructive trust (sole advocate)

  • The Industrial Bank of Kuwait K.S.C. v Express Mount Ltd & Tecno Mobile Ltd, HCA 909/2018, acting for Tecno Mobile, indirect recipient of funds involving alleged fraud; Mareva and proprietary injunctions; foreign currency exchange arrangements; unjust enrichment; constructive trust (sole advocate)

  • Cencosud Retail SA v Leimage Apparel SDN BHD, HCA 2981/2018, appeared for plaintiff; sought and obtained, inter alia, ex parte Mareva injunction and order for bankers’ records under s.21 of the Evidence Ordinance, Cap. 8 (sole advocate)

  • Alexander Tugushev v Vitaly Orlov, HCMP 1116/2018, appeared for plaintiff seeking and obtaining a s. 21M Mareva Injunction in aid of UK proceedings in respect of US$350,000,000 (with Laurence Li)

  • Silver Universe Investments Ltd v China Times Securities Ltd & Ors [2019] HKCFI 834, acting for one of the defendants; compliance with disclosure order ancillary to Mareva injunction order (sole advocate)

  • Tsang Yan Kwong v 360HK Ltd (incorporated in Belize) [2018] HKCFI 1886, appeared for defendant resisting interlocutory mandatory injunction in respect of “pledged” and hypothecated shares (led by Victor Dawes SC)

  • China Merchants Bank Co Ltd (Taiyuan Branch) v Cai Sui Xin [2018] HKCFI 2228 appeared for defendant in a third party application for variation of terms of Mareva injunction (sole advocate)

  • JJB Link Logistics Company Ltd & Ors v Wang Chung Leong & Ors, HCA 197/2018, appeared for plaintiffs applying for interim negative and Mareva injunctions against former and current directors and employees (led by Bernard Man SC)

  • AESO Holding Ltd & Anor v Dragon Success Enterprise Ltd & Ors, HCMP 1737/2017, appeared for defendants in opposition to continuation of Mareva injunction and preservation order (with Laurence Li)

  • 張果喜 v 陳伏蘭, HCMP 708/2018, appeared for plaintiff seeking and obtaining a “notification injunction” against disposition of specific property in anticipation of enforcing PRC divorce decree pursuant to Part IX of the Matrimonial Cause Ordinance (Cap 179) (led by Bernard Man SC)

  • Clark Quantum Kent v Hai Tin Ltd & Ors [2019] HKCFI 1145 appeared for plaintiff beneficiary seeking mandatory injunction against trustee (led by Alexander Stock SC)

  • Rating & Valuation

  • Advised on the powers of the Commissioner for Rating and Valuation and the principles concerning assessment of rates under the Rating Ordinance, Cap 116 and the Government Rent (Assessment and Collection) Ordinance, Cap 515 (led by Bernard Man SC)

  • Advised in respect of rating appeal concerning the receipts and expenditure method of valuation, the rebus sic stantibus principle, the hindsight principle, and the determination of tenant’s share (led by Benjamin Yu SC)

  • Equity / Trust

  • Clark Quantum Kent v Hai Tin Ltd & Ors, HCA 961/2017, acting for plaintiff beneficiary against trustee and 12 other defendants for misappropriation of trust funds, breach of duties, dishonest assistance, knowing receipt, conspiracy, tracing and other claims (led by Richard Todd QC)

  • Probate / Succession

  • Re the Estate of Tjhung See Gan, HCMP 322/2015, acting for the administrator in application for service out of jurisdiction and substituted service of the OS and for extension of the validity of the OS (sole advocate)

  • Advised administrators on merits of claiming, on behalf of the estate, beneficial ownership in landed properties and matters arising therefrom (with Sara Tong)

  • Property & Conveyancing

  • Pakon Industrial Ltd v Donny International Ltd, HCA 491/2017, appeared for plaintiff; obtained summary judgment for vacant possession of premises and mesne profits for wrongful occupation (led by Bernard Man SC); [2019] HKCFI 654, assessment of damages involving expert valuation (sole advocate)

  • New Dorset Investments Ltd v Ho Sui Kuen Wanly, HCA 2899/2017, acted for the plaintiff seeking specific performance of a provisional agreement for sale and purchase of landed property; potential application under Order 86, RHC, Cap 4A (led by Bernard Man SC)

  • Advised hotel developer and operator on claim for compensation of land resumption under the Lands Resumption Ordinance, Cap. 124, and Roads (Works, Use and Compensation) Ordinance, Cap 370, and related issues (led by Bernard Man SC)

  • Others

  • Secretary for Justice v Chan Thao Phuomy & Anor [2018] 3 HKLRD 310, as amici curiae, in defendants’ application to oppose registration of “external confiscation order” under s. 29(1) of the Drug Trafficking (Recovery of Proceeds) Ordinance, Cap 405 (led by Jat Sew-Tong SC and with Janet Ho)

  • Practice Areas

  • Banking / Finance
  • Securities & Regulation
  • Commercial
  • Company
  • Competition
  • Injunction / Contempt
  • Arbitration
  • Civil Fraud / Asset Recovery
  • Disciplinary
  • Employment
  • Equity / Trust
  • Restitution / Unjust Enrichment
  • Insurance
  • Insolvency
  • Probate / Succession
  • Professional Liability
  • Property & Conveyancing
  • Public Law / Judicial Review
  • Rating & Valuation
  • Appointments And Public Office

  • Member, Committee on Financial and Securities Law, Hong Kong Bar Association (2019 to present)

  • Education

    2016

    PCLL, University of Hong Kong

    2015

    BCL, University of Oxford

    2014

    JD, University of Hong Kong (Top Graduate, First Class Honours)

    2012

    BA (Economics, Political Science), University of California, Berkeley (High Distinction)

    Publications And Articles

  • Associate Editor, Hong Kong Journal of Legal Studies (2015-16)

  • Student Editor, Asia-Pacific Journal on Human Rights and the Law (2012-13, 2015-16)

  • Scholarship And Prizes

    2017

    Charles Ching Memorial Scholarship (pending completion of advocacy course)

    2016

    HKSAR Government Scholarship

    2016

    JAC Hui Bon Hoa Prize in Wills, Trusts and Estate Planning

    2016

    Champion, Herbert Smith Freehills Competition Law Moot (International Competition)

    2016

    Best Written Memoranda, Herbert Smith Freehills Competition Law Moot (International Competition)

    2015

    Runner-Up, Shearman & Sterling University of Oxford Moot Competition

    2014

    Betty Ho Prize in Law for Best Overall Performance in the Academic Year

    2014

    HKU JD Prize (Equity and Trusts)

    2014

    HKU JD Prize (Land Law)

    2014

    Hong Kong Mediation and Arbitration Centre Professional Award

    2014

    Champion, Oxford International Intellectual Property Moot (International Competition)

    2014

    Sir Nicholas Pumfrey Award for Best Individual Mooter, Oxford International Intellectual Property Moot (International Competition)

    2014

    Champion, Oxford Hong Kong Mooting Competition

    2014

    Temple Chambers Pupillage Award

    2014

    Des Voeux Chambers Junior Scholarship

    2013

    Betty Ho Prize in Law for Best Overall Performance in the Academic Year

    2013

    HKU JD Prize (Tort Law)

    2013

    HKU JD Prize (Criminal Law)

    2012

    High Distinction in General Scholarship (University of California, Berkeley)

    2012

    Dean’s List (University of California, Berkeley)

    languages

    English, Cantonese, Mandarin

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